[HISTORY: Adopted by the Town Council of
the Town of Wallingford 3-26-2019 by Ord. No. 626. Amendments noted where
applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 62.
A.
Tobacco use is one of the foremost preventable causes of premature
death in America.
B.
Approximately 95% of adult smokers began smoking before they turned
21. The ages of 18 to 21 are a critical period when many smokers move
from experimental smoking to regular, daily use.
C.
Young people are particularly susceptible to the addictive properties
of tobacco products. Tobacco industry documents show that individuals
who start smoking by the age of 18 are almost twice as likely to become
lifetime smokers as those who start after they turn 21.
D.
Most people who are not smokers by 21 years of age do not start smoking
later in their lives.
E.
Electronic smoking device use among minors has recently tripled.
F.
Most e-cigarettes contain nicotine. Nicotine is highly addictive
and may harm the development of the adolescent brain into the early-
to mid-twenties.
G.
Increases in adolescent vaping from 2017 to 2018 were the largest
adolescent substance use recorded in 43 years.
H.
The e-cigarette aerosol that users breathe from the device and exhale
can contain harmful and potentially harmful substances, including:
I.
The Institute of Medicine predicted in a 2015 report that raising
the minimum legal sales age for tobacco products to 21 nationwide
will have a substantial positive impact on public health and provide
long-term declines in smoking rates by reducing tobacco initiation
among adolescents aged 15 to 17 by 25% and overall prevalence of tobacco
use by 12%. This report also projects that 4.2 million young people
alive today would be protected from premature death related to tobacco
use as a result of raising the minimum legal sales age for tobacco
products to 21.
To transfer, give or provide, whether gratuitously or for
any type of consideration.
Any person or business that owns, operates or manages any
place at which tobacco products are sold and their agents and employees.
Retailer also includes any person or business required to have a license
under Connecticut General Statutes § 12-287.
To transfer for consideration.
Any product containing, made or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, chewed, absorbed,
dissolved, inhaled, snorted, sniffed or ingested by any other means,
including but not limited to cigarettes, cigars, chewing or pipe tobacco,
snuff, electronic cigarettes, electronic cigars, electronic pipes,
electronic nicotine delivery systems or any other product or device
that relies on vaporization or aerosolization; tobacco product also
includes any component, part or accessory used in the consumption
of a tobacco product such as filters, rolling papers, pipes, e-cigarettes,
e-cigars, e-pipes, vape pens, e-hookahs and liquids used in the electronic
smoking devices, whether or not they contain nicotine. Tobacco product
shall not include drugs, devices or combination products approved
by the United States Food and Drug Administration as a tobacco-cessation
product and is marketed and sold exclusively for the approved purpose.
A.
No retailer shall give, sell or otherwise deliver any tobacco product
to any person under 21 years of age.
B.
Each retailer shall require a person who is purchasing or attempting
to purchase a tobacco product, whose age is in question, to exhibit
proper proof of age. If such person fails to provide such proof of
age, such retailer shall not sell the tobacco product to the person.
C.
That a person appeared to be the age of 21 shall not constitute a
defense to a violation of this section.
A.
The Town of Wallingford Health Department shall provide retailers
with signs to be posted at points of transaction (cash registers,
sales counter) as well as on any display of tobacco products. Signage
must include the following:
B.
Signage shall be prominently displayed and shall not be obscured.
C.
The Town of Wallingford Health Department may change the signs, or
add signs, in its discretion, and the retailers shall post them as
directed by the Department. Signs shall be posted within 30 days of
the effective date of this chapter.
The Wallingford Police Department is authorized to enforce this
chapter in accordance with the law.
A.
Sign violations. A retailer who violates the sign requirements of
this chapter shall first be issued a written warning of the violation
and shall have five days to come into compliance. After receiving
a written warning, a violation of the sign requirements shall result
in fines, as follows:
(1)
$50 for the first offense after notice;
(2)
$100 for the second offense within two years of the first violation;
(3)
$250 for each offense thereafter within two years of the latest violation;
(4)
Violations of this chapter which occur more than two years after
a prior violation shall be considered a first offense if there has
been no violation of this chapter during the intervening time period.
B.
Sale violations. A retailer who violates the sale restriction by
selling to a person under the age of 21 shall first be issued a written
warning. Once a written warning has been issued, subsequent violations
shall result in fines as follows:
(1)
$100 for the first offense after notice;
(2)
$250 for each offense thereafter within two years of the latest violation;
(3)
Violations of this chapter which occur more than two years after
a prior violation shall be considered a first offense if there has
been no violation of this chapter during the intervening time period.
C.
Appeal. A retailer may appeal the civil penalties within 10 days
of the issuance of the citation by filing an appeal with the Police
Department. The appeal shall be heard in accordance with Connecticut
General Statutes § 7-152c.
Violations of this chapter are deemed to be a threat to the
public health, safety and welfare of the community. Three violations
by the same retailer within a two-year period shall constitute a public
nuisance. The Town may initiate legal action to enforce the requirements
of this chapter in addition to civil penalties.
